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(영문) 광주지방법원 2018.08.16 2018고정659
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 9, 2018, when the Defendant was unable to drive normally and with a alcohol level of 0.107% from blood alcohol level at 0.107%, the Defendant driven a 5km-distance D Spanp car from the front line of the Da located in Gwangju Seo-gu, Gwangju-gu, and forced the 332-distance intersection at the entrance of a mountain site at the center of Gwangju Dong-gu, to a flow-off distance from the surface of the water reservoir hotel at the center of Gwangju-gu. The Defendant neglected the duty of due care to drive safely by failing to comply with the signal while the Defendant neglected the duty of care to drive safely and by failing to comply with the signal, and caused the injury to the victim E (68 years) and the victim’s 2-day average cargo level at the port of the 2-day passenger vehicle at the port of the 2-day passenger vehicle at the same time, each of the said 5-day average cargo and each of the above 8-day average cargo level.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. Statement of the circumstances of the driver involved in driving;

1. All on-site photographs;

1. A copy of each written diagnosis;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of each alternative fine for punishment;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (to the extent that the aggregate of the amounts of the punishments specified for each of the said crimes is aggregated);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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